Rather than waiting until the scheduled decision date of Monday, September
28, Referee Louis Crespo issued his "report and recommendations" on
Friday, September 25, and recommended that the Court rule in favor of the City.

After reviewing the referee’s report, we feel he did not give adequate consideration
to the extensive arguments presented in our memorandum of law submitted on Monday,
September 21. The report seemed more a cut and paste from the City’s original
motion papers than a balanced weighing of the arguments. In particular, the
referee’s report failed to analyze the vast majority of NYC CAN’s legal points
as to why the City’s claims were unfounded and its reliance on certain case
law wholly inapplicable.

Officially, Judge Lehner has up to 60 days to either adopt, modify, or reject
the referee’s report and recommendation, and render a decision. However, with
the deadline for inclusion on the ballot fast approaching, NYC CAN lawyers will
bring a motion on Monday, September 28 to ask the Court to reconsider the matter
immediately, and render a judgment in favor of the Petitioners. We anticipate
that the matter will be heard and decided on Tuesday, September 29, or Wednesday,
September 30.

Judge Lehner may decide the case on the paperwork submitted, or hear oral arguments
as well. If oral arguments are ordered, the proceeding should be open to the
public. If so, we will ask everyone who can to attend and help maintain the
tidal wave of support that will crescendo with the March For Answers on Sunday.

Only in fighting to the very end will the voices of 80,000 New Yorkers resonate
across the country, and those who are still asleep awaken to the mockery of
justice in a local government claiming it has no jurisdiction over thousands
of its residents being murdered.

The 9/11 Commission Report – a disgrace to any society that considers itself
just, democratic and transparent; and a shameless affront to those who died
on September 11th – is on its last legs.